Tampa Bay Motorcycle Accident Lawyer
Don't Pay For Another's Negligence in a Florida Motorcycle Accident
Compared to motor vehicles, motorcycles are much smaller and more difficult
to spot on the road. Due to their size and lack of protection compared to most
trucks, such as airbags and seat belts, collisions involving motorcycles often
result in severe and fatal injuries. However, there are several things
motorists can do to drive responsibly around motorcycles to avoid a devastating accident.
Paulsen Law Group, our experienced Dunedin attorneys will fight to fully protect your rights.
Our goal is to do everything in our power so that you can receive the
maximum amount of compensation you are legally entitled to, from current
and future medical bills to lost wages.
Were you injured in a motorcycle accident in Florida? Our experienced attorneys
can help you seek financial compensation for your suffering. Call today!
Florida Motorcycle Insurance Law
Florida is what is known as a no-fault state; which means if you are injured
in a car accident, regardless of who is at fault you must first turn to
your own insurance coverage to seek compensation for your injuries and
No-fault liability means you cannot hold the other party liable for your
injuries unless you are able to show you were permanently injured. Only
in those circumstances are
motorists able to file a lawsuit against the liable party.
- Insured Motorists are compensated through their own insurance coverage
under what is known as personal injury protection (PIP). This coverage
includes medical bills and lost wages regardless of who is at fault for
- PIP laws do not apply to motorcyclists meaning after an accident, motorcyclists
do not need to show evidence the accident resulted in permanent injuries
to file a claim for pain and suffering.
What Are Common Causes of Motorcycle Accidents?
Like other traffic accidents, motorcycle crashes peak in the
summer months and many of them occur during rush hour. While drivers are hurrying to
work, they may be neglecting safety, which can prove devastating for motorcyclists.
What starts as a nice summer ride may end in serious injury or death.
Below are some of the most common causes of motorcycle accidents:
Distracted driving: If a driver is not watching the road, they are more likely to miss any
motorcyclists who might be traveling on it.
Driving under the influence: Drugs and alcohol impair drivers’ ability to be safe. Intoxicated
drivers may be held liable in both criminal and civil courts.
Unsafe lane changes: Before changing lanes, drivers should always check their blind spots.
If they fail to do so, they might not see a small vehicle like a motorcycle.
Speeding: When drivers are traveling too quickly, they might not have the reaction
time they need to prevent a collision with a motorcyclist.
Sudden stops: Because they have different braking capabilities, motorcycles may not
be able to stop if a driver slams on their brakes.
Intersection errors: Drivers waiting at intersections or making left-hand turns may focus all
their attention on traffic and fail to notice a motorcycle in their path.
Car doors: The phenomenon of motorcyclists colliding with suddenly opened doors is
called “dooring.” This can also occur when a driver leaves
their door open in the roadway.
Lane splitting: When motorcyclists travel between 2 lanes of traffic, they are practicing
lane splitting, which is illegal in Florida and extremely dangerous.
Inexperienced drivers: Accidents are more likely to happen when drivers and/or motorcyclists
demonstrate a lack of experience.
Dangerous road conditions: Potholes and uneven pavement may cause a motorcyclist to lose control
of their vehicle.
Weather: Rain and snow may cause motorcyclists to lose traction with the road,
and wind can compromise their balance.
Motorcycle defects: If a bike part malfunctions during their ride, motorcyclists may hold
the manufacturers of the defective part accountable.
If any of the causes above contributed to your accident, you may be able
to hold someone else liable.
Drivers can be held responsible for their misbehavior, manufacturers can
be sued for defective equipment, and even city governments can face consequences
for egregious road conditions.
Get help with your lawsuit today at
Common Motorcycle Accident Injuries
By their very nature, motorcyclists are placed at a greater risk than an
auto driver, as there is little outer protection. These accidents can
then lead to
catastrophic injuries. The figures only seem to increase, as there is a reported rise in the
number of reported motorcycle injuries that include brain injury, spinal
cord injury, and even paralysis.
Other types of motorcycle injuries include:
- Eye injuries
- Facial injuries
- Severe burns
- Road rash
- Broken bones and fractures
What To Do After a Motorcycle Accident
Riding a motorcycle can be an adrenaline filled, exhilarating experience,
but getting into an accident can be traumatizing. What’s worse is
many drivers, and insurance companies have prejudices about motorcyclists
that could cloud their ability to view the accident objectively.
Step One- Call the Police: If you were involved in an accident, you have a right to call the police
to the scene of the incident. When police are called to the scene, it
is their duty to make sure the area is secure. Sometimes they will set
out road flares; other times they will use their flashing lights to guide
motorists out of the way from the debris and to prevent further accidents.
The police also document what they see and can make a full report. It
is your right to contact them as you can use this as evidence in your
Step Two- Take Photos of the Scene: You never know what kind of person will exit the vehicle after an accident.
Some people are even tempered, while others can be extremely volatile.
Remember, you have the right to gather evidence. You can take photos of
their license plate and other damaged spots on their vehicle.
Step Three- File a Claim: Florida operates under a no-fault system meaning in unless you can show
you were permanently injured, you cannot sue for personal injury. The
law is a bit different for motorcyclists. Motorcycle riders are not required
by law to have personal injury protection insurance. They also do not
need to prove they were permanently injured to bring personal injury lawsuit
against the negligent third party responsible for their injury.
If you have questions about insuranvce coverage or steps to take after
being involved in a motorcycle accident, contact our motorcycle accident
lawyers in Dunedin for experienced representation and successful results!